Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264130.shtml
Huainan city governance overloaded vehicles way
(July 21, 2010 Huainan municipal people's Government at the 49th Executive session on July 26, 2010, Huainan municipal people's Government announced come into force on the date of promulgation, 125th) Chapter I General provisions
First governance overloaded vehicles, clear Governments at all levels and relevant departments and units in the governance of overloaded freight vehicles liability, protect people's lives and property safety, protecting roads, bridges and facilities in good condition, maintaining the order of road freight transport market, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.
Second approach applies to the carriage of goods by road within the administrative area of the city (hereinafter referred to as cargo) vehicle overload management activities.
Article III governance overloaded vehicles (hereinafter referred to as overload) Government led, grading work is responsible for, collaboration, specimens and governance principles.
Fourth city, County (district) people's Government shall be responsible for the overload of work within the area, equipped with the necessary facilities and law enforcement equipment, requirements appropriate to the work overload protection.
City, County (district), transport, public security, development and reform, the financial, economic and information technology, business administration, work safety (coal), quality and technical supervision, land and resources, agriculture, monitoring of administrative departments in accordance with their respective responsibilities, to do the work overload.
Fifth of municipal and County (district) people's Governments shall establish overload registrations, a copy, report, joint law enforcement, the objective assessment, accountability and reward and punishment system.
The relevant government departments should gradually raise the level of overload control of scientific and technical information, establishment of a unified information management system of overload and information sharing.
Overload results County (district) people, can be tilted on the transport infrastructure policy; the overload of work units and individuals who made outstanding contributions to, and give recognition and rewards. Sixth overloaded any unit and individual have the right to report violations. The departments shall promptly investigate the handling of the complaint.
Reports are true, the departments concerned may reward the first informer appropriate.
The second chapter of corruption
Seventh production manufacturing vehicle shall conform to the national standards and calibration according to national requirements and design specifications the technical data of the vehicle.
Ban the sale of freight vehicles do not meet national mandatory standards, assembling or refitted cargo vehicle is prohibited.
Article eighth do not meet the safety requirements of the vehicle manufacturers and product announcements, and freight vehicles, traffic management departments of public security organs shall not register and the issuance of vehicle number plates, road transport management institutions shall not grant road transport certificates.
Agricultural machinery management agencies for failure to comply with the relevant technical requirements of tractors, no registration, issuance of license plates and low-speed trucks and other motor vehicles may not be registered as a tractor or tractor variants. Nineth County (district) people's Government according to law should be licensed or registered key transportation source unit to the public.
Illegal loading point, coal point and place of business, by the authorities and the relevant administrative departments of industry and commerce shall be banned; involved in illegal occupation of land, the land and resources administration authority to investigate and punish.
The township (town) people's Government presence on the area of coal, sand, cement, building materials source station and other key transportation and logistics supervision unit.
Tenth Government departments according to their functions, overloaded on illegal cargo source reaches a certain limit, cargo operators and truck drivers implement registration system of bad behavior, in the quality and scope of examination reputation, announced to the public on a regular basis.
11th road transport authority specifically responsible for freight forwarding of source control, County (district) Government publicity focused on freight units can be implemented into the source control to other supply units, implementation of monitoring by inspection.
Key freight unit stationed in the original regulation, should be set up in the station offices, staffing, disclosure of law enforcement information.
12th source unit shall perform the following freight overload obligations:
(A) explicit staff responsibilities, establish accountability;
(B) the invoice the goods loaded, Ji Zhong, and other related personnel training;
(C) the loading, Ji Zhong, invoicing, pursuant to the provisions;
(D) for goods vehicle drivers upon the road transport certificates and qualification for registration, issuance of cargo load;
(V) establishment registration, statistics and archives system for sound source of overload, and provide information to the road transport authority in accordance with the regulations;
(F) work with regulators and make video surveillance and data networking, into providing the necessary office space and working conditions;
(VII) accept cargo overload source supervision and inspection of law enforcement personnel, and provide relevant information.
13th transportation source unit shall not be any of the following acts:
(A) without a license without a license, license is not loading, stowage, illegal modification of vehicles;
(B) for inclusion in the overloaded vehicle loading, stowage of record of bad behavior;
(C) the excessive loading of vehicles, loading;
(D) provided for overload vehicle mount false proof.
14th freight operators and drivers ' obligations shall fulfil the following Overload:
(A) take the necessary measures to prevent goods shed, young Isaac;
(B) the cargo freight vehicles approved for mass transport, loading length, width and height must not violate the filling requirements;
(C) the source loading to the freight unit to produce road transport certificates and qualification, not drivers of overloaded vehicles;
(D) the onboard loading and accept supervision and inspection of law enforcement personnel.
Article 15th overload work of the departments and units should perform the following duties:
(A) advocacy, carry out relevant laws and regulations;
(B) the cargo source unit overload, such as supervision and inspection obligations;
(C) coordinate with relevant departments and units maintain loading, stowage, unloading order;
(D) found that the offence was immediately stopped, and be dealt with according to law;
(V) do not belong to the Department, transferred to the relevant administrative organs in a timely manner;
(F) in accordance with these rules, performance report, a copy of such duties.
Chapter III pavement management 16th municipal people's Government in accordance with the principle of unified planning, specification management, approved by the provincial people's Government set up fixed checkpoints overload detection.
Overload detection checkpoints should be set up necessary discharge sites.
Construction, reconstruction of Highway overload inspection checkpoints should be synchronized with the road design, construction and synchronous operation.
17th road management agencies, the public security organs traffic management departments shall, in accordance with the responsibility, combining fixed and mobile way to overload the vehicle testing and examination.
Overload detection is not set checkpoint section of road management agencies, the public security organs traffic management departments flow testing equipment can be used for detection, and vehicle load, load, bypass, avoid overload test checking behavior.
18th Highway weight charge station found overloaded vehicles, weighing information should be timely reported, transfer overload law enforcement investigations.
19th district (district) responsible for transportation or the township (town) people's Government according to the need to protect rural highways, in rural roads, entrances complying with local standards high, limiting wide facilities, do not overload their vehicles illegally into rural roads.
Article 20th identified as dangerous bridges, Bridge Management Department or bridge all units shall limit and, in conjunction with police traffic management measures, non-overloaded vehicles.
Article 21st vehicle drivers should follow the signs or law-enforcement officials tested command checks shall not be deliberately blocked traffic lanes or passed.
22nd laden motor vehicles shall not exceed the approved quality.
Exceed the limit load, height, width restriction and limit the vehicle, not in limited standard of driving on the roads and bridges.
Extra heavy vehicle of the disintegration of the transport is not really necessary to overrun shall be approved by the highway authority, get overlimit permit affecting road safety, should ask the Department of the public security organs traffic management.
No unit and individual shall forge, alter, alter, lease, transfer over limit transport permit shall not use forged or altered, altered, leased, transferred by overload vehicle permit.
23rd the carrier shall hold a valid overloaded transport vehicles pass, hanging in overweight transportation vehicles clearly marked, and in accordance with the approved time, course and speed.
Vehicle with valid overload can pass along any unit or individual may illegally obstructed traffic.
Article 24th of transport can unload cargo of overloaded vehicles, managed by the Highways Agency and the public security organs traffic management Department to order the carrier to unload or load their own, the cost borne by the carrier; refusing to unload or load shall be ordered to stop; after the uninstall, load distribution vehicles, after reinspection to confirm after the Elimination of illegal status, before release.
Fourth chapter of supervision and inspection 25th law enforcement officers should be licensed, neat, standardized law enforcement.
At the time of conducting supervision and inspection, and shall be attended by at least two law enforcement officers, and to the parties to present their certificates for law enforcement.
Supervision and inspection of special vehicles should be in accordance with the requirement of marking and warning lights.
26th overload enforcement unit shall be the subject of publicity, law enforcement based on, law enforcement procedures, supervision of law enforcement, law enforcement results and rights enjoyed by the parties.
27th overload according to law enforcement personnel in charge of the station area, service area, cargo source units when conducting supervision and inspection, relevant units and individuals shall cooperate, no unit or individual may refuse or obstruct.
28th transportation source unit licensing authority or the competent Department regulatory responsibility for the freight loading behavior of the source unit.
Relevant departments in overloaded vehicles in the governance process, beyond the jurisdiction of the Department mandate or other departments to carry out effective supervision violations, should be a copy of the relevant functional departments.
Shall be a copy sector within the 7th, will be a copy of the preliminary feedback to a copy sector.
Article 29th source units, freight transport operators, truck driver, one of the following circumstances, entered in the record of bad behavior:
(A) the cargo source unit violated these measures within one year 12th, 13th article more than 3 times;
(B) the overloaded truck drivers once more than 50% or overload 3 times over;
(C) the cargo operators belong to the vehicle and the driver, overload rate of 30% per cent;
(D) organizing, collective red card, avoid detection, detection;
(E) the beatings, insults, threats to law enforcement personnel.
Relevant departments according to their functions, units and individuals have a bad behavior to society announcements, and implementation of the key regulatory.
The fifth chapter legal liability
30th in violation of the provisions of article seventh, the Administrative Department of quality and technical supervision, industry and commerce administration departments or public security organs traffic management departments will be punished according to law.
Cargo operators use refitted or refitted has made road transport certificates, vehicle, road transport management agency ordered corrective action and more than 5000 Yuan and fined a maximum of 20,000 yuan.
31st transportation sources in violation of the provisions of article 12th, by road transport management agency ordered corrective action and 1000 Yuan fine, and shall be subject to the person directly responsible, in charge of the chiefs and principal persons in charge of administrative responsibility.
32nd in violation of the provisions of article 13th, by road transport management agency ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.
33rd in violation of the provisions of article 14th first, by road transport management agency ordered corrective action and penalty of between 3000 and 1000 Yuan in serious cases, revoked its road transport operators permit.
Violation of the provisions of article 14th third, by the road transport authority shall order rectification refuses, revoked the qualification certificate.
Violation of the provisions of this article 14th fourth, managed by the Highways Agency ordered corrective action and fine at 200 Yuan.
34th in violation of the provisions of article 21st, managed by the Highways Agency ordered corrective action and can be fined a maximum of between 10000 and 2000 Yuan. 35th violates the first paragraph of this article 22nd, vehicle laden in excess of approved quality by public security organs traffic management departments will be punished according to law and score.
30% of the quality to exceed the authorized load given 200 Yuan fine and 2 points; quality 30% more than enough to exceed the authorized 100%, 500 fine and 6 points; for over 100%, approved quality of given 1000 Yuan fine and 6 points.
Violation of the provisions of paragraph II of this article 22nd, overloaded transport vehicles without driving on the highway, managed by the Highways Agency ordered to unload, each in excess of standard 1%, added a 200 Yuan fines in excess of standard 100%, fine of 30,000 yuan.
Collapse of the transport is not overloaded vehicles, highway administrative departments are treated in accordance with the provisions of the preceding paragraph, shall order the party to go through examination and approval procedures in accordance with law.
Violate the provisions of paragraph I of this article 22nd fourth, by road authorities be ordered to desist from the illegal act, confiscate the overlimit permit, may be fined a maximum of 500 Yuan more than 5000 Yuan.
Article 36th disobey article 23rd, overload vehicles operating without the required approved, by road authorities be ordered to desist from the illegal act and may be fined a maximum of 200 Yuan more than 1000; effective overlimit permit holders illegally obstructed traffic, the highway authority shall order release.
37th article was first times remember into bad behavior records of freight operators, by road transport management institutions for training education, training education qualified of, elimination records; was second times remember into bad behavior records of, by road transport management institutions law ordered closed reorganization, by reorganization still super limited overload of, by road transport management institutions law revoked its business license, and in 5th within notification business administration sector, by business administration sector law revoked its registered registration or revoked its license.
More than two truck drivers of the record was recorded in the bad behavior, by the road transport authorities revoked his qualification certificate. 38th field illegal overload and oversize vehicles are not allowed to enter the city.
Overload approval by law enforcement officials access to the junction of City Road, for illegally overloaded vehicles quanfan or uninstall, and investigate and punish according to law.
39th article City Government about sector, and County (district) Government and about sector, and units has following case one of of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning, and demerit or remember than disposition; plot serious of, give downgraded or dismissed disposition.
(A) failure to sound overload of bodies, as needed staffing;
(B) overload work does not give the appropriate protection, or will overload control grant funds appropriated for other uses;
(C) uncovered illegal overload vehicles not according to stipulations;
(D) overload to subordinate departments and units to report matters without taking any effective measures, hosted or co-organised by the overload of negative coping;
(E) fails to perform or not perform their duties correctly, resulting in this area, the sectors and industries overloaded vehicles illegal behavior, or serious case, a bad influence.
40th article traffic transport administrative competent sector, and road transport management institutions not by provides for rule Super site assigned law enforcement personnel, or by assigned law enforcement personnel not as, and mess as of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
41st article Highway meter heavy charges station and fixed and the flow super limited overload detection checkpoints on by said heavy confirmed vehicles illegal super limited overload not report of, or report Hou unauthorized release of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
42nd article police organ on refused check, and ran card, and block rule Super work and beat rule Super law enforcement personnel, hinder implementation corporate of illegal crime behavior, received alarm Hou for no reason not out police or out police not timely of, according to plot weight, held its out police units directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition. 43rd article police organ traffic management sector not by provides perform duties, on not meet security technology conditions and vehicles production enterprise and the products announcement of vehicles registration, and issued plate and the test qualified; on rule Super institutions copy told of has formed full evidence of illegal super limited overload vehicles not by this approach provides processing of, according to plot weight, held its responsibility units directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of,
Be given a warning or demerit; the circumstances are serious, given a demerit or demoted.
44th article business administration sector not law investigation No as business goods transport places, and not law investigation sales not meet national mandatory standard provides and illegal modified or assembled vehicles behavior of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
45th article quality technology supervision administrative sector not law investigation production not meet national mandatory standard provides and illegal modified or assembled vehicles behavior of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
46th article land resources administrative sector on road transport management institutions copy told of mine, and gravel material field, and storage coal points, freight source units illegal accounted for to behavior not law processing of, according to plot weight, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
47th article agricultural machinery management institutions on not meet about technology conditions of tractor registration, and issued license, will speed laden car, motor vehicle registration for tractor or variant tractor of, held directly responsibility people, and is in charge of head, and main head of administrative responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
48th article stationed in, and inspections and joint law enforcement institutions on verified of freight source units super limited overload behavior has copy told transfer its competent or regulatory sector, competent or regulatory sector not by provides timely investigation of, according to plot weight, held competent or regulatory sector directly responsibility people, and is in charge of head, and main head of responsibility, plot more light of, for admonished or informed criticism; plot more heavy of, give warning or demerit disposition; plot serious of, give remember than or downgraded disposition.
49th article overload functions of departments and units, uncovered illegal overloaded vehicles should check their respective entities or natural persons, through the site, shipping source unit or place of illegal modification of vehicles and other units of the fault liability, extract the relevant evidence to form a report on the initial check.
Responsibility to check the initial verification process should be finished in 7th, of the complexity of the case, subject to approval of the competent authorities may extend the 5th.
50th article of the rules of administrative responsibility, decided by the appointment and removal or administrative permissions for the monitoring authorities; procedures for disposition in accordance with the provisions of that regulation on the punishment of civil servants of administrative organs need to pursue discipline responsibility, attention of discipline inspection and supervision organs to give party disciplinary measure.
Vertical administrative responsibility of management accountability in the province, by the city watchdog to provincial administration recommendation of supervision according to law.
51st under any of the following circumstances, hamper law enforcement authorities to perform their duties, the public security organs shall be punished:
(A) assistance to the overrun or overloaded transport vehicles to avoid detection;
(B) assistance to the overrun or overloaded transport vehicles broke;
(C) insult, invective, beaten by law enforcement officials;
(D) assembling a crowd to disrupt law enforcement, or to cause trouble;
(E) other acts impede the execution of their duties.
The sixth chapter supplementary articles
52nd vehicles exceeding limits in these measures refers to the road freight vehicles exceeded the national standard of domestic provisions or traffic signs indicating the height limit, limit, limits width, limit load standards of behavior.
Overloaded vehicles mentioned in these measures refers to quality of road freight over the approved loading of vehicles.
Road freight transport in these measures source units (referred to as source of freight units), refers to an administrative license or registration in the coal, sand, cement, building materials production and processing enterprises and logistics terminals and other operators of road freight transport loading site.
Administrative accountability in these measures refers to the vehicle of unlawful acts involving overload overload sites, mobile inspection body, source of goods, vehicle production and refitting and repair establishments and other units of the fault responsibility investigation, pursue its authorities, regulatory authorities, responsibility fails to perform or incorrect implementation of overload job responsibilities. 53rd these measures come into force on the date of promulgation.
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